Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter « T&Cs ») apply to all sales concluded on the website FCH, operated by:

• FCH DISTRIBUTION — Simplified Joint Stock Company (SAS)
• Share capital: €1,000.00
• Registered office: 64 rue Waldeck Rousseau, 69006 Lyon
• SIREN: 100 199 751 — Lyon Trade and Companies Register B 100 199 751
• SIRET: 100 199 751 00015
• VAT identification number: FR48100199751
• Email: contact@fchdistribution.fr

These T&Cs govern the sale of products carried out on the website FCH to consumers and non-professionals (hereinafter the « Customer »), in accordance with Articles L.111-1 et seq. of the French Consumer Code.

The Customer declares that they have read these T&Cs before placing an order. Validation of the order constitutes unreserved acceptance of the T&Cs in force on the date of the order.

FCH reserves the right to modify these T&Cs at any time. The applicable T&Cs are those in force on the date the order is placed by the Customer.

The products offered for sale are those described on the website at the time of consultation. Product photographs and descriptions are as accurate as possible but cannot bind the seller.

Prices are indicated in euros inclusive of all taxes (VAT included), including VAT at the applicable rate (standard rate of 20%). Delivery charges are not included in the product prices and are indicated before order validation.

FCH reserves the right to modify its prices at any time. Products will be invoiced at the prices in force at the time of order validation.

Orders are placed according to the following steps:

1. Product selection and addition to cart
2. Verification of cart contents
3. Entry of delivery and billing addresses
4. Order summary with total amount inclusive of tax (including delivery charges)
5. Acceptance of these T&Cs by ticking the box provided for this purpose
6. Order validation with payment obligation (in accordance with Article L.221-14 of the French Consumer Code, the order button bears the explicit wording « Pay [amount] € » or any equivalent formula clearly indicating the payment obligation)
7. Secure payment via our payment provider

A confirmation email summarising the order is sent to the Customer after payment, in accordance with Article L.221-13 of the French Consumer Code. This email constitutes proof of the transaction.

Payment is made online by credit card (Visa, Mastercard, etc.).

Payment is processed by our provider Stripe, certified PCI-DSS Level 1. The Customer's banking details are never stored on our servers. The transaction is secured by the 3D Secure 2 protocol (strong customer authentication SCA), in accordance with the European PSD2 Directive and the requirements of the Banque de France.

The order is validated after payment acceptance. In the event of payment refusal, the order is automatically cancelled.

Deliveries are made to mainland France at the address indicated by the Customer when placing the order.

Delivery times are indicated when placing the order and run from payment confirmation. These times are given for guidance only. A delivery delay may only give rise to order cancellation under the conditions provided for in Article L.216-2 of the French Consumer Code (formal notice remaining unsuccessful within a reasonable period).

In accordance with Article L.216-1 of the French Consumer Code, the seller undertakes to deliver the goods within a maximum period of 30 days from the conclusion of the contract, unless otherwise agreed.

The Customer is invited to verify the condition of the package upon receipt and to make any justified reservations to the carrier in the event of apparent damage.

In accordance with Articles L.221-18 to L.221-28 of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the goods to exercise their right of withdrawal, without having to give reasons or pay any penalty.

7.1 How to exercise your right of withdrawal

The Customer may exercise their right of withdrawal by sending, before the expiry of the period, a clear statement expressing their wish to withdraw. This statement may be sent:

• By email to: contact@fchdistribution.fr
• Via the withdrawal form available on our website at the following page: Withdrawal form
• By post to the registered office address

7.2 Return of products

The Customer must return the products within a maximum of 14 days following notification of their withdrawal, in their original packaging and in perfect condition. Return costs are borne by the Customer.

7.3 Refund

The refund will be made within 14 days of receipt of the returned products or proof of shipment, using the same means of payment as that used for the order, unless the Customer expressly agrees otherwise.

7.4 Exceptions to the right of withdrawal

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised for:

• Goods made to the Customer's specifications or clearly personalised
• Goods liable to deteriorate or expire rapidly
• Goods unsealed by the Customer after delivery which cannot be returned for reasons of hygiene or health protection

8.1 Legal warranty of conformity

In accordance with Articles L.217-3 to L.217-20 of the French Consumer Code, the seller is required to deliver goods conforming to the contract and is liable for defects in conformity existing at the time of delivery. The legal warranty of conformity applies for a period of two (2) years from delivery of the goods.

In the event of a defect in conformity, the Customer may choose between repair and replacement of the goods, subject to the cost conditions provided for by law. If neither repair nor replacement is possible, the Customer may return the goods and obtain a full refund or keep them and obtain a price reduction.

8.2 Legal warranty against hidden defects

In accordance with Articles 1641 to 1649 of the French Civil Code, the seller is bound by the warranty in respect of hidden defects in the thing sold which make it unfit for its intended use, or which so diminish such use that the buyer would not have acquired it, or would have given a lower price for it, had they known of them.

FCH may not be held liable for non-performance of the contract concluded in the event of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.

The liability of FCH may in no case be incurred for any inconvenience or damage inherent in the use of the Internet network, including service interruption, external intrusion or the presence of computer viruses.

Personal data collected in the context of the order is processed in accordance with the General Data Protection Regulation (GDPR) and the amended French Data Protection Act. For more information, please consult our Privacy policy.

In accordance with Articles L.612-1 et seq. of the French Consumer Code, in the event of a dispute, the Customer may have recourse free of charge to the mediation service offered by FCH. The competent consumer mediator is:

• CM2C — Centre de Médiation de la Consommation de Conciliateurs de Justice
• Address: 14 rue Saint-Jean, 75017 Paris
• Website: https://www.cm2c.net

The Customer may also have recourse to the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr

These T&Cs are governed by French law. In the event of a dispute and in the absence of amicable resolution, the dispute shall be brought before the competent courts in accordance with the rules of common law.

In accordance with Article R.631-3 of the French Consumer Code, the consumer may, at their choice, in addition to one of the territorially competent courts under the Code of Civil Procedure, bring the matter before the court of the place where they resided at the time of conclusion of the contract or occurrence of the harmful event.